Austin and Houston Oilfield Overtime Lawyer

Oil and gas workers have long, hard hours, but employers often unfairly deny them the overtime pay they are owed. A common misconception is that a worker who receives a salary, is paid a day rate, or is classified as an independent contractor is not entitled to overtime pay. Many 1099 employees and other workers, including field service engineers and technicians, tool pushers, and mud engineers should receive overtime pay but don’t.

Employers in the oil and gas industry often misclassify workers as exempt employees when they are not. If your employer denies you the overtime wages you are owed, an Austin and Houston overtime lawyer at the Leichter Law Firm can help you receive the money you deserve.

Our team of experienced lawyers at Leichter Law Firm is dedicated to ensuring that oilfield workers receive the pay they deserve for their hard work. Over the years, we have been successful in helping workers across a wide variety of occupations—including oil and gas company workers—collect the wages to which they are entitled. We understand that hard work deserves compensation and we will help you secure the compensation you deserve.

If your employer withholds your wages and refuses to pay you overtime, contact the highly qualified attorneys at Leichter Law Firm today. Call (512) 495-9995 today to schedule a free and confidential consultation.

The Fair Labor Standards Act (FLSA) and Overtime

While many oil and gas companies try to justify withholding overtime pay, these actions are wrongful and violate the law. Employers in the oil and gas industry are legally required to pay oilfield workers overtime under the Fair Labor Standards Act of 1938 (FLSA).

The FLSA is a piece of federal legislation passed to protect workers from being exploited and denied their wages, including overtime pay. The Act mandates that employees must be paid no less than minimum wage for hours worked and that they must be paid a premium for overtime hours worked.

Although not all employers are required to adhere to the mandates of the FLSA, many enterprises involved in the oil and gas industry must adhere to this federal labor law. The FLSA applies to employers with at least two employees engaged in commerce and an annual volume of sales or business done of at least $500,000. It also applies to hospitals, schools, and government agencies.

Based on these requirements it is safe to say that most oil and gas companies are obligated to follow the mandates of the FLSA. Most companies will employ more than two people engaged in commerce and annually conduct business of $500,000 or more.

While not all employees are entitled to overtime pay under the FLSA, it is well established that oilfield workers are protected. If an employer within the oil and gas industry fails to pay their employees properly, they violate federal law and can be held accountable.

Oilfield Overtime Under the FLSA

Under the Fair Labor Standards Act, overtime hours are those worked over 40 hours in a workweek. The FLSA assumes that oilfield workers are entitled to overtime wages for all hours worked beyond 40 hours in a workweek at a rate of 1.5 times the employee’s regular pay.

While different workweeks may be established for different workers and do not necessarily have to coincide with a calendar week, a company’s workweek must be a fixed and regularly recurring period of 168 hours (i.e., seven consecutive 24-hour days). Averaging hours over two or more weeks is prohibited. The Act does not mandate overtime pay for weekends, holidays, or regular rest days unless the hours worked are overtime.

An employer within the oil and gas industry can get away with not paying overtime by proving that an employee is within a very narrow range of personnel not covered by the FLSA. As discussed above, oilfield workers repeatedly are covered by the FLSA. Therefore, many oilfield workers are entitled to overtime compensation.

Do You Get Overtime on an Oil Rig?

According to federal employment law, oil and gas company employers must pay employees overtime if they are non-exempt. Unfortunately, many employers in this field try to get around this requirement by misclassifying their employees as independent contractors. They may even claim that their salaried workers are not owed overtime.

Worker misclassification is illegal, although many employers still use this shady tactic. If you are an oil or gas worker with unpaid overtime wages, we recommend speaking with our experienced attorneys. During your free consultation with us, we will ensure that you understand your rights as an employee and that your unpaid wages are recovered.

How Does Overtime Work in the Oilfield?

For an oilfield worker, overtime works the same way as for other non-exempt employees. For every hour worked over 40 hours in a single workweek, the worker is entitled to overtime pay. The overtime rate must be at least 1.5 times their normal pay rate.

Ways Oilfield Companies Violate Oilfield Overtime Laws

Workers should know what money they deserve and require employers to compensate their work fully. Meet with a qualified attorney at Leichter Law Firm to learn if your employer pays you less than you deserve.

Employers often use illegal means to deny their workers the additional overtime pay they earned. Common violations include the following.